Higgins v. United States Express Co.

The opinion of the court was delivered by

Minturn, J.

The suit was instituted before the small cause court in the county of Hunterdon, to recover damages upon a contract entered into between the plaintiff and defendant for the shipment of certain mill castings from Plemington to the Bacas Water Motor Company in Newark, where they were to be repaired and returned to Plemington for use in the mill. The substantial facts are not in dispute.

At the time of the shipment on March 2d, 1911, the castings were tied in a bag and taken to the office of defendant company at Plemington, placed on the scales…